Body: Council Type: By-law Meeting: Regular Date: 2023 Collection: Documents Municipality: Central Frontenac
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THE CORPORATION OF THE TOWNSHIP OF CENTRAL FRONTENAC BY-LAW# 2023-53
BEING A BY-LAW TO REPEAL BY-LAW #2017-42 AND TO ESTABLISH A PROCEDURAL POLICY FOR MEMBERS OF COUNCIL AND COMMITTEES
WHEREAS Section 8 of the Municipal Act, S.0. 2001, c.25, as amended (hereinafter, “the Act’’) provides that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance their ability to respond to municipal issues;
AND WHEREAS Section 9 of the Act, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS Section 238(2) of the Act, provides that Council shall pass a procedure By-Law for governing the calling, place and Proceedings of Meetings;
AND WHEREAS Section 238 (2.1) of the Act provides that the procedure By-Law shall provide for public Notice of Meetings;
NOW THEREFORE the Corporation of the Township of Central Frontenac enacts as follows;
AND THAT Schedule “A” attached hereto shall be read with and form part of this By-law; AND THAT this “Procedural Policy” applies to and binds all Members of Council/Committees of the Township of Central Frontenac
AND THAT any additions to the Procedural Policy shall be authorized by By-law and be acknowledged by Members;
AND THAT should any sections of this By-law, including any section or part of any Schedules attached hereto be declared by a court of competent jurisdiction to be ultra vires, the remaining Sections shall nevertheless remain valid and binding;
AND THAT this By-law shall come into force and take effect on the date of final passing; AND THAT Council repeals By-Law-2017-42, By-Law 2020-17, By-Law 2022-16, By law 2022-63 and enacts the attached Schedule “A” as the Procedural Policy for the
Council and Committee Members of the Corporation of the Township of Central Frontenac;
READ a first, second and third time and passed this 26th day of September 2023.
~
Schedule "A" To By-Law# 2023-53
Council and Committee Procedural Policy
Index
Contents
1.0
INTRODUCTION ................................................................................................... 5
2.0
DEFINITIONS ........................................................................................................ 5
3.0
INTERPRETATION ............................................................................................. 11
4.0
ROLE OF THE MAYOR AND DEPUTY MAYOR ................................................ 12
4.1
The Mayor ........................................................................................................ 12
4.2
The Deputy Mayor............................................................................................ 12
5.0
ROLE OF COUNCIL............................................................................................ 12
6.0
ROLE OF CHAIR (Presiding Officer) ................................................................... 12
7.0
RULES OF CONDUCT FOR MEMBERS AND ATTENDEES ............................. 13
7.1
The Chair at the Meeting shall: ........................................................................ 13
7.2
Voting by the Chair........................................................................................... 14
7.3
Acting Chair...................................................................................................... 14
7 .4
Participation of Chair ........................................................................................ 14
7 .5
Questions ......................................................................................................... 14
7 .6
Speaking at Meetings ....................................................................................... 14
7.7
Reports/Information/Correspondence .............................................................. 15
7 .8
Rules of Order .................................................................................................. 15
8.0
APPOINTMENTS ................................................................................................ 16
8.1
Appointments of Deputy Mayor shall be for one (1) year................................. 16
8.2
Appointment of County Council Second Representative .................................. 17
8.3
Appointment Process ....................................................................................... 17
8.4
Appointment of Chair - Other Committees of Council... ................................... 18
8.5
Vacant Position Declared ................................................................................. 18
9.0
MEETINGS.......................................................................................................... 18
9.1
Council Meetings: ............................................................................................. 18
9.2
Electronic Council Meetings ............................................................................. 19
9.3
Budget and Project Meetings ........................................................................... 20
9.4
Special Meetings .............................................................................................. 20
9.5
Emergency Meetings ....................................................................................... 20
9.5
Committees ...................................................................................................... 21
9.6
Agencies, Boards & Commissions ................................................................... 21
9.7
Closed Session ("In Camera") .......................................................................... 21
9.8
Public Information Sessions/Centres ............................................................... 25
9.9
Public Meetings (Statutory) .............................................................................. 26
9.1 0 Notice of Meetings ........................................................................................... 26
9.11 Election Year ............... :.................................................................................... 26
9.12 Joint Council Meetings ..................................................................................... 26
10.
ORDER OF BUSINESS AND GENERAL RULES ............................................... 27
10.1 Agenda Formats............................................................................................... 27
10.2 General Rules .................................................................................................. 29
10.3 Declaration of Pecuniary Interest ..................................................................... 30
10.4 Delegations and Presentations ........................................................................ 30
10.5 Communications (Correspondence) ................................................................. 31
10.6 Reports ............................................................................................................ 32
1O.7 New/Other Business ........................................................................................ 32
10.8
Deferred Items ................................................................................................ 32
10.9 Lame Duck Council .......................................................................................... 32
11.0 COMMENCEMENT AND ADJOURNMENT OF MEETINGS .............................. 33
11.1 Quorum ............................................................................................................ 33
11.2 Recess ............................................................................................................. 34
11.3
Adjournment.................................................................................................... 34
12.0 MOTIONS............................................................................................................ 34
12.1 Process ............................................................................................................ 34
12.2 Notice of Motion; .............................................................................................. 35
12.3 Reconsideration of a Motion............................................................................. 36
12.4
Recorded Votes .............................................................................................. 36
12.5 Point of Privilege .............................................................................................. 37
12.6 Point of Order ................................................................................................... 38
13.0 BY- LAWS ........................................................................................................... 38
13.1 By-Laws Approval Process .............................................................................. 38
13.2 By-Law versus Resolution ................................................................................ 39
13.3 Confirming By-Law ........................................................................................... 39
14.0 POLICY REVIEW ................................................................................................ 39
1.0
INTRODUCTION
1.1
These procedures and rules address both basic procedural items and other more
complex questions and issues that might arise in Council or Committee Meetings. Well
documented procedures and rules result in more productive Meetings and lessen the
amount of extraneous Debate on unrelated topics.
1.2
This Policy will provide the rules of conduct for Members of Council and Committees in
order to govern the affairs of the Township of Central Frontenac in an accountable and
transparent manner and sets the minimum standard for the behaviour of Members in
carrying out their functions. It has been developed to assist Members to:
a)
b)
c)
d)
Understand the standards of conduct that are expected of them;
Fulfill their duty to act honestly and exercise reasonable care and diligence;
Act in a way that enhances public confidence in local government; and
Identify and resolve situations which might involve a conflict of interest or a
potential misuse of position and authority.
1.3
In all Matters and under all circumstances, the Members of Council/Committees shall be
guided by and shall have regard to the Municipal Conflict of Interest Act, 1990 c.M 50,
the Act, By-Law 2021-14, being the Township's Code of Conduct, or such Code of
Conduct in effect or its successor, and Amendments thereto.
1.4
Following a regular or new election, the Clerk shall provide each Member of
Council/Committees with a copy of this Policy, inducing any Amendments.
2.0
DEFINITIONS for the purpose of this By-Law;
"Accountability" shall mean the principle that the Municipality will be responsible to its
taxpayers/stakeholders for decisions made and policies implemented, as well as its
actions or inactions. Additionally, Accountability means how Members and Employees
are held to account for their actions; and how actions are explained and justified in terms
of appropriate criteria and in sufficient detail.
"Act" shall mean the Municipal Act, 2001, S.O. 2001, c. 25, as amended. (Reference to
other Acts in this By-Law shall be made in full text)
"Acting Chair" shall mean the Member of a Committee who is temporarily appointed or
delegated to serve in the Chair's place. In the case of a Council Meeting, it shall mean
the Deputy Mayor.
"Agenda" shall mean the written Order of Business for a Meeting.
"Amendment'' shall mean a change in the form of a Motion. An Amendment is
designed to alter or vary the terms of the main Motion without materially changing the
meaning. It shall propose that certain words be left out; certain words be omitted and
replaced by others; or certain words be inserted or added. Every Amendment shall be
strictly relevant to the Motion being considered.
"By-Law'' shall mean the legislative intent behind the requirement: that powers of
Council be exercised by By-Law is to ensure due deliberation by Councils of all
important policy Matters through the more formal procedure prescribed for the
enactment of a By-Law.
"Chief Administrative Officer'' shall mean the Chief Administrative Officer (CAO) or
designate duly appointed by the Council of the Township of the Township of Central
Frontenac as prescribed in Section 229 of "the Act",
"Clerk" shall mean the person or designate duly appointed by the Council of the
Township of Central Frontenac as prescribed in Section 228 of "the Act".
"Clerk- Delegation in Writing" shall mean the Clerk may delegate in writing to any
person, other than a Member of Council, any of the Clerk's powers and duties under the
Municipal Act or any other Act, per Section 228(4) of the Municipal Act.
"Close Debate (Call the Question)" - shall mean a Motion requiring that Debate be
closed and the vote on the Motion be taken immediately.
"Closed Session (In-Camera)" shall mean a Meeting or a part of a Meeting of Council
or a Committee, which is closed to the public. All Meetings shall be open to the public
except as provided for in the Municipal Act. No such Meeting shall be held without the
Clerk present.
"Committee" shall mean any Committee which is comprised of at least 50% of
Members who are also Members of one or more councils or Local Boards as per s.238
(1) of the Act, as well as any Committees established by council as an advisory,
standing, or ad hoc Committee shall not exceed 50% of Council. This definition excludes
the Committee of Adjustment created under the Planning Act.
"Committee - External" shall be appointed by Council By-Law in accordance with
Legislation or an Agreement for a specific function and shall have its own Procedural
Policy. External Committees presently include the Committee of Adjustment, Emergency
Management Program Committee.
"Consent Agenda" shall mean a component of the Meeting Agenda that enables
Council to group routine items and Resolutions under one umbrella and approve them
with one single Motion without separate discussion. A particular Matter can be removed
from the Consent Agenda for Debate or for separate vote upon request of any
Councillor.
"Chair" shall mean the person who is designated or appointed to preside at a Council or
Committee Meeting.
"Communications" shall include, but is not limited to, letters, memos, Notices, emails,
faxes, petitions, brochures, newspaper/magazine articles, social media posts, etc.
"Community Events" shall be deemed any event that requests the presence of the
Mayor. These may include but are not limited to opening ceremonies, fund
raisers/charity events, community celebrations and local fairs.
"Community Member'' shall mean a person other than a Councillor that has been
appointed by Council to serve on a Local Board or Committee
"Confidential" includes information in the possession of the Township that the
Township is either prohibited from disclosing, or is required to refuse to disclose, under
the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), or other
legislation. Generally, MFIPPA restricts or prohibits disclosure of information received in
confidence from third parties of a corporate, commercial, scientific or technical nature;
information that is subject to solicitor-client privilege and information that is deemed to
be personal information, including:
a)
Information relating to the race, national or ethnic origin, colour, religion,
age, sex, sexual orientation or marital and family status of an individual;
b)
Information relating to the education or the medical, psychiatric,
psychological, criminal or employment history of the individual or
information relating to financial transactions in which the individual has
been involved;
c)
Any identifying number, symbol or other particular assigned to the
individual;
d)
The address, telephone number, email address, fingerprints or blood type
of the individual;
e)
The personal opinions or views of another individual about an individual;
f)
Correspondence sent to an institution by the individual that is implicitly or
explicitly of a private or Confidential nature, and replies to that
correspondence that would reveal the contents of the original
correspondence;and
g)
The individual's name if it appears with other personal information relating
to the individual or where the disclosure of the name would reveal other
personal information about the individual.
It also means any information that is of a personal nature to the
Employees or clients or information that is not available to the public and
that, if disclosed, could result in loss or damage to the Township or could
give the person to whom it is disclosed an advantage. Confidential
information includes, but is not limited to the following information:
h)
i)
ii)
iii)
Disclosed or discussed at a Closed Session;
That is circulated to Members and marked "Confidential";
That is given verbally in confidence in preparation of following a
Meeting that is closed to the public and includes, but is not limited
to the following types of information:
a)
Personal Matters about an identifiable individual;
b)
Information about suppliers provided for evaluation
which might be useful to other suppliers;
c)
Matters relating to legal affairs of the Township;
sources of complaints where the identity of the
complainant is given in confidence; items under
negotiations; and
d)
Matters identified as solicitor-client privilege.
"Confirming By-Law'' shall mean a By-Law passed prior to adjournment of every
Council Meeting to confirm by By-Law the Resolutions and actions of Council taken at
that Meeting.
"Council" shall mean the Council of the Corporation of the Township of Central
Frontenac.
"Councillor'' shall mean a person elected or lawfully appointed to the Council of the
Township of Central Frontenac.
"County" shall mean an upper tier municipality that was a County on the day before
"the Act" came into force.
"County Council Second Representative" shall mean a Member appointed at the
Inaugural Meeting of Council to serve on County Council along with the Mayor.
"Debate" shall mean discussion on the merits of the question/Motion and whether the
proposed action should or should not be taken.
"Defer'' shall mean to delay or postpone to a future Meeting of Council and/or
Committee.
"Delegation" shall mean a person or group of persons who are not Members of Council
or Township Staff who have requested and are permitted to address Council or
Committee, individually or on behalf of a group, on a Matter on the Agenda for that
Meeting in accordance with the provisions of this By-Law.
"Department Head" shall mean the person or designate in charge of a Township
department and/or service area.
"Deputy Mayor" shall mean the Member of Council duly elected annually as the Deputy
Mayor by Council. When the Mayor is absent or refuses to act, or the office is vacant,
the Deputy Mayor shall act in the place of the Mayor, and while doing so shall have all
the rights, powers and authority of the Mayor with respect to the role of presiding at
Meetings.
"Emergency" shall mean a state of Emergency declared either under Section 4 or 7.0.1
of the Emergency Management and Civil Protection Act, R.S.O 1990, c.E.9.
"Electronic Participation" shall mean any form of teleconference or computer
application that allows Members to identify themselves and participate electronically via
electronic means.
"Ex-Officio" shall refer to the Mayor who is permitted to act by virtue of office. The Ex
Officio shall not form part of the Quorum or be permitted to vote at a Committee Meeting,
except in the case where another Member is absent.
"Impartial'' shall mean the Chair or Presiding Officer of a Meeting will treat all Members
of the Meeting equally, fairly and without prejudice during the Meeting.
"Inaugural Meeting" shall be the first Meeting of a newly elected Council.
"Lame Duck Council" shall mean a Council subject to restricted acts in the year of a
municipal election as set out in S.275 of "the Act".
"Local Board" shall mean a municipal service board, transportation commission, board
of health, planning board or any other board, commission, Committee, body or local
authority established or exercising any power under any Act with respect to the affairs or
purposes of one or more municipalities Ooint boards), excluding a school board, a
conservation authority, public library board and police services board.
"Majority Vote" shall mean a vote where over half of the Members present, and eligible
to vote, vote in the same manner.
"Matter" shall include any record, communication, report, Presentation, item, document
or information, or the contents, or any part thereof, as the context permits.
"Mayor" shall mean the Member of Council who is elected at large by general vote and
shall perform the duties of Head of Council, as set out in the Municipal Act or any other
Act, as amended. The Mayor shall preside at all Meetings of Council.
"Meeting" shall mean any Regular, Special or other Meeting of Council, or a Committee
of Council where a Quorum of Members is present and Members discuss or otherwise
deal with any MMatter in a way that materially advances the business or decision
making of Council or the Committee. No such Meeting shall be held without the Clerk or
Deputy Clerk present.
"Member" shall mean a Member of Council or Committee Member.
"Minutes" shall mean a record, without note or comment, of all Resolutions, By-Laws,
decisions and other Proceedings of Council or a Committee of Council and shall be
adopted by Council or Committee as the case may be, and the record shall be made by
the Clerk.
"Motion" shall mean a recommendation to resolve and affect a decision.
"Notice" shall mean an announcement or advertisement made by the Clerk, CAO,
Mayor or designate.
"Notice of Motion" shall mean a Motion submitted to the Clerk in writing by a Member
of Council for inclusion on the Agenda of the next regular Council Meeting.
"Order of Business" shall mean the sequence of business under consideration at a
Meeting.
"Pecuniary Interest" shall mean a direct or indirect pecuniary (monetary) interest within
the meaning of the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, as amended.
"Point of Order" shall mean any alleged breach of the rules or irregularity in the
Proceedings of a Meeting.
"Point of Privilege" shall mean a statement calling attention to a Matter where the
integrity of an individual (personal) or the entire Council is perceived to be in question.
"Presentation" shall mean the occurrence when, staff, an individual or group have been
invited to present information to Council or Committee.
"Presiding Officer" shall mean the Chair of a Meeting.
"Proceedings" shall mean a sequence of events at a Meeting.
"Public Information Session/Centre" shall be a Meeting held for the purpose of
presenting proposals and issues, educating, and informing and/or receiving input.
"Public Meeting (Statutory)" shall be a Meeting held for the purpose required under an
Act or Regulation.
"Quorum" shall mean greater than fifty per cent (50%) of the Members of Council (5 out
of 9) or a Committee of Council, required to be present in person or virtually in order that
business may be conducted.
"Recess" shall mean a break from a Meeting.
"Recorded Vote" shall mean documenting in the Minutes of a Council or Committee
Meeting the name of each Member and the Members' vote on a Matter or question, in
favour, opposed or absent.
"Resolution" shall mean the decision duly passed by Council on any Motion or
Committee Recommendation.
"Rules of Order" shall mean the rules of procedure and order established by this By
law to regulate conduct during a Meeting of Council/Committees. In the event of a
question of procedure arising from this By-Law, Roberts Rules of Order shall be
referenced for clarification.
"Special Meeting" shall be deemed a Council or Committee Meeting which is in
addition to the published Meeting Schedule approved annually by Council.
"Township" shall mean the Corporation of the Township of Central Frontenac
"Transparency" shall mean the principle that the Municipality actively encourages and
fosters taxpayers/ stakeholders' participation and openness in its decision-making
processes. Additionally, Transparency means that the municipality's decision-making
process is open and clear to the public.
"Two-Thirds Vote "shall mean a vote where at least two-thirds of the Members present,
and eligible to vote, vote in the same manner and shall not apply to a Recorded Vote.
3.0
INTERPRETATION
3.1
The rules and regulations contained in this By-Law shall be observed in all Proceedings
of Council to which they apply and shall be the rules and regulations for the order and
dispatch of business at Meetings of Council and Committees as defined by this By-Law.
3.2
All reference to the Mayor shall, in the absence of the Mayor, refer to the Deputy Mayor
or to the person so named in accordance with "the Act".
3.3
Subject to the requirements of "the Act''. the rules and regulations contained herein may
be suspended by Resolution for a single occasion by a vote of at least two-thirds of
Council, unless otherwise provided by law.
3.4
The Chair shall be responsible to interpret the rules of procedure under this By-Law with
the advice and assistance of the Clerk.
3.5
The Clerk or the Clerk's designate shall be secretary of Council.
4.0
ROLE OF THE MAYOR AND DEPUTY MAYOR (s. 225 and 226 of the Act)
4.1
The Mayor (as Head of Council) shall:
a)
b)
c)
d)
e)
4.2
act as Chief Executive Officer of the Township;
preside over Council Meetings so that its business can be carried out efficiently
and effectively;
provide leadership to Council and provide information and recommendations to
Council with respect to the role of Council as described in the Act (s224(d) and
(d.1);
represent the Township at Community Events (official functions):
carry out the duties of Head of Council under this or any other Act.
The Deputy Mayor shall:
a)
act in place of the Mayor when the Mayor is absent or refuses to act or the office
is vacant.
5.0
ROLE OF COUNCIL
5.1
In accordance with the Act Members shall:
a)
represent the public and consider the well-being and interests of the Township;
b)
develop and evaluate the policies and programs of the Township;
c)
determine services the Township provides;
d)
ensure the administrative policies, practices and procedures and controllership
(financial) policies, practices and procedures are in place to implement the
decisions of Council;
e)
ensure the Accountability and Transparency of the operations of the Township,
including the activities of senior management of the Township;
f)
maintain the financial integrity of the Township;
g)
carry out the duties of Council under applicable By-Laws or Acts;
5.2
In additic;m to the Role of Council established by the Act, Members shall comply with the
Township's Code of Conduct.
6.0
ROLE OF CHAIR (Presiding Officer)
6.1
Preside in an Impartial manner over Council or Committee Meetings
6.2
Provide order and decorum
6.3
Be the political liaison with other Members of Council or Committee
6.4
Review and understand the Agenda with the Clerk or designate
6.5
Provide Council/ Committee direction when required regarding Meeting conduct and
procedures
7.0
RULES OF CONDUCT FOR MEMBERS AND ATTENDEES
7.1
The Chair at the Meeting shall:
a)
Open the Meeting by calling the Meeting to order:
b)
Ensure that a Quorum is established and is maintained throughout the course of
the Meeting;
Announce the business in the order in which it is to be considered;
c)
d)
Direct discussion in such a manner that all questions and comments shall be
presented through the Chair:
e)
Receive and submit, in the proper manner, all Motions presented by the
Members:
f)
Put to vote all Motions which are moved, and seconded when
necessary, or all Motions that arise in the course of the Proceedings, and to
announce the result of each vote:
g)
Decline to put to vote Motions that infringe upon the rules under this By-Law or
the Act.
h)
Ensure the Members and Attendees follow the Rules of Order established in this
By-Law.
i)
Be Impartial in the conduct of the Meeting and in dealing with Council/Committee
Members during the Meeting.
j)
Undertake all Matters required to ensure the Meeting proceeds in an orderly and
efficient manner:
k)
authenticate by signature, when necessary, all applicable By-Laws and
Resolutions:
I)
adjourn the Meeting when the business is concluded, or at the
designated time.
7.2
7 .3
7.4
Voting by the Chair:
a)
The Chair may vote on all Motions but need not declare their intention to vote.
b)
Every Member present, except the Chair, shall be deemed to vote against the
Motion if they decline or abstain from voting, unless the Member is disqualified
from voting by reason of a declared pecuniary or other interest. The Chair shall
ensure Members attending virtually have their intentions noted.
Acting Chair:
a)
In the physical absence of the Mayor at a Council Meeting, the Deputy Mayor
shall assume the role of Chair.
b)
In the absence of the Chair of a Committee at a Meeting, the Committee shall
appoint an acting Chair, if no vice Chair has been appointed and /or is not
present.
c)
In the absence of both the Mayor and Deputy Mayor at a Meeting, Council shall
appoint an acting Chair.
Participation of Chair in discussion:
The Chair may answer questions and comment in a general way, but if the Chair wishes
to participate in Debate, make a Motion or speak to a Motion under consideration, the
Chair may declare at any time during the Debate or discussion that he/she wishes to
make comment regarding the issue or Matter before Council and shall reserve such
comment or opinion until after all other Members wishing to speak have had the
opportunity to do so. No further comment or Debate shall follow the comments made by
the Chair and a vote will be called on the Motion following the comments made by the
Chair. (Exception: If a Motion to Defer is introduced and seconded, this Motion is to be
voted on before the main Motion) This does not apply at Committee MMeetings.
7.5
Questions
All Members and Staff shall address their questions and comments through the Chair.
7 .6
Speaking at Meetings
a)
When two or more Members wish to speak, the Chair shall name the Member
who is to speak first.
b)
When a Member is recognized by the Chair, the Member shall confine his/her
remarks to the Motion under consideration.
7.7
c)
When a Motion is under Debate, a Member may ask a question through the
Chair to another Member, CAO, Department Head or other employee of the
Township.
d)
Any Member may require the Motion under Debate to be read at any time during
the Debate, but in doing so shall not interrupt a Member while speaking.
e)
Every Member of Council/Committee shall have up to two opportunities to speak
for or against a Matter or Motion under consideration.
f)
A maximum time limit of five Minutes (per opportunity to speak) may be imposed
by the Chair to limit the time allotted any speaker.
g)
The time limit provided to a speaker may be extended if so requested by the
speaker and is supported by a show of hands by the majority of Council.
h)
Members attending virtually, shall raise their hand if they wish to speak; the Clerk
or Meeting host shall then notify the Chair.
i)
Priority to speak will be given to Members attending in person over Members
attending virtually.
Reports/Information/Correspondence
All such materials shall be distributed through Clerk or designate.
7.8
Rules of Order
A Member or Attendee shall not:
a) disturb a Meeting by any disruptive or distracting conduct including private
conversations among Members or Attendees at a Meeting;
b) use profane or offensive words or insulting expressions;
c) disobey the Rules of Order;
d) rise from their seat or make any noise or disturbance while a vote is being taken;
e) speak until they have been recognized by the Chair;
f)
display signs, place cards, applaud, heckle, engage in telephone, e-mail, texting or
other conversation or any other disruptive behaviour.
g) participate in a Meeting unless listed on the Agenda as a Delegation or Presentation
and shall be subject to the Rules of Order of this By-Law, unless authorized by the
Chair.
h) interrupt a Member who is speaking, except to raise a Point of Order or a Point of
Privilege.
i)
permanently leave the Meeting without advising the Chair or the Clerk, whether
virtually or in person.
7.9
In the event that a Member or Attendee persists in a breach of Subsection 7.8 above,
after having been called to order by the Chair, the Chair shall without Debate call the
question "Shall the Member or Attendee be ordered to leave their seat for the duration of
the Meeting?", and this question shall not be debatable.
7.10
If Council or Committee decides the question set out in Subsection 7.9 above in the
affirmative by a Majority Vote of the Members present, the Chair shall order the Member
or Attendee to leave their seat for the duration of the Meeting.
7.11
If the Member or Attendee apologizes, the Chair, with the approval of Council or the
Committee, may permit them to resume their seat or remain in the Meeting.
7.12
If a Member or Attendee does not leave their seat after being ordered to do so by the
Chair in accordance with Subsection 7.10 above, and if the Member or Attendee does
not apologize in accordance with Subsection 7.11 above then the Chair shall for a
second time without Debate call the question "Shall the Member or Attendee be ordered
to leave their seat for the duration of the Meeting?", and this question shall not be
debatable.
7.13
If Council decides the question set out in Subsection 7.12 above in the affirmative by a
Majority Vote of the Members present, the Chair shall direct the Clerk to seek the
appropriate assistance from the Ontario Provincial Police (OPP).
7.14
All cell phones and electronic devices not required for conducting a Meeting shall be
either turned off or otherwise set so as not to emit any audible sound during a Meeting
and all virtual attendees shall be muted.
7.15
During a Council or Committee Meeting, Councillor and /or employee laptops or
electronic devices shall be used exclusively for Township business.
8.0
APPOINTMENTS
8.1
Appointments of Deputy Mayor shall be for one (1) year.
a)
The Deputy Mayor shall be appointed at the Inaugural Meeting and the first
regular Council Meeting in December, thereafter.
b)
8.2
8.3
The Deputy Mayor shall be selected from a different ward each year throughout
the term of Council, allowing for rePresentation from each ward once per 4-year
term of Council. Council Members have the right to decline the Deputy Mayor
Role. If all Members of a ward decline the Deputy Mayor Role, then a Member of
another ward may be nominated.
Suggested order for ward selection:
Year 1- Hinchinbrooke
Year 2-0so
Year 3- Olden
Year 4- Kennebec
Appointment of County Council Second Representative
a)
The appointment of the County Council Second Representative will be for the
term of Council.
b)
The County Council Second Representative shall be appointed at Inaugural
Meeting.
Appointment Process:
The process will be conducted for the position of Deputy Mayor first, and then repeated
for the County Council representative.
a) Nominations: The Mayor will call on Council for nominations to fill each position.
The nominees must be Members of Council.
b) All nomination Motions must have a mover and seconder to be placed on the table
for consideration by Council. The nominee cannot be the mover or seconder for
his/her nomination. The Mayor will ask each nominee if they wish for their name to
stand. The Mayor will then call for a Motion to close nominations.
c) Before Council votes on the nominations, each nominee will be allowed five Minutes
to address Council as to why he or she should receive Council's support to fill the
position of:
i) Deputy Mayor
ii) County Council Second Representative
d) Voting: Council will vote on those nominated in an open manner in the order in
which they were nominated.
i. The Clerk will tally the votes.
ii. A nominee may vote for themself.
iii. Members can only vote for one (1) nominee.
iv. The nominees that receive the majority support of Council will
continue in the process. If only one (1) nominee receives the majority
support of Council, the nominee will be declared the (i) Deputy Mayor,
or (ii) County Council Second Representative.
v. If more than one nominee received the majority support of Council, all
names will be placed in a "hat" and the Clerk will draw one (1) name
from that hat and the name so drawn will be appointed to fill the
vacancy.
e) Following appointment (Deputy Mayor and County Council Representative) the
successful candidate will be offered 3 Minutes to address Council.
8.4
Appointment of Chair - Other Committees of Council
Each Committee of Council shall appoint a Member of that Committee to act as Chair at
its first Meeting. The Chair shall be limited to a Member of Council only.
8.5
Vacant Position Declared
If a vacancy occurs in the office of a Member of Council, the municipality shall, subject to
section 263(1) of the Act, fill the vacancy within 60 days via one of the following
methods, as decided by Council:
a)
b)
c)
d)
By-Election
Appointment from Municipal Election Candidates (qualified candidates)
Appointment by Call for Applications
Direct Appointment by Council
9.0
MEETINGS
9.1
Council Meetings:
a)
Council Meetings shall be held in the Soldiers Memorial Hall, Sharbot Lake on
the second and fourth Tuesday of each month commencing at 6:00 p.m.
b)
Notwithstanding the foregoing, during the months of July August and December
Council will meet on the second Tuesday of each month only (summer and
Christmas schedule)
c)
Generally, only two service areas will be addressed at a Meeting and the Clerk or
designate will alternate from Meeting to Meeting (on Meeting Agenda) which
service areas will report.
d)
These service areas include:
i)
Planning and Building Services
ii)
Public Works & Waste Management Services
iii)
Emergency & Fire Services
iv)
Corporate, IT and Financial Services
These service area titles may be changed by the Clerk as required.
9.2
e)
Council in receiving a report may direct that any recommendation(s) will be
carried forward for consideration at the next regular Meeting if a Member makes
a Motion, that is seconded and carried. Examples may include planning reports,
new policy suggestions or proposed purchases which may fall outside adopted
budgets.
f)
A Motion to Defer an item under discussion may be utilized by a Member of
Council to delay consideration of an issue under consideration. Any Motion to
Defer shall specify a return date.
Electronic Council Meetings:
a)
At the discretion of the CAO/Clerk, in consultation with the Mayor, Council may
hold its Meetings (open and/or closed) via Electronic Participation rather than in
person, or in addition to in-person. Any Member participating electronically shall
be counted towards Quorum, provided the Clerk is able to positively identify the
participant either visually or by phone.
b)
While every effort shall be made by Members to attend Meetings physically in
person, Members may elect to attend virtually provided they notify the Clerk or
Deputy-Clerk at least three (3) hours prior to the start of the Meeting in certain
circumstances including but not limited to:
•
•
•
•
•
Medical reasons
Poor road conditions
Scheduling conflicts where the Member otherwise would not be
able to attend due to another Meeting or commitment relating to
other municipal /Council duties.
Declaration of state of Emergency
Absence from the area due to work, vacation or bereavement
leave
In such cases, virtual attendance shall be considered sufficient to count towards
Quorum. Members are expected to keep their video on during the Meeting unless
there is unstable internet or poor internet service.
PLEASE NOTE: Closed Session participation may be either in person or
electronic; hybrid participation is prohibited when the sound system is required
due to privacy concerns; electronic participation in hybrid closed sessions shall
be by phone.
9.3
c)
Any Meeting using Electronic Participation shall record votes by the Chair asking
if any Members wish to oppose the proposed Resolution/Motion. Voting may take
place by way of a show of hands, or in an alternative method authorized by the
Chair, ensuring that Members and the public are aware of how each Member
votes.
d)
Any Meeting held only by electronic means, which is required to be open to the
public, shall be video or audio recorded by municipal staff or through the
electronic Meeting software application and livestreamed. Said recording shall
then be made available via the Township Facebook, YouTube or website as
soon as practical following the Meeting and said recording shall be available for a
period of no more than 6 months.
e)
If the Meeting is held in a hybrid format (i.e., ability to attend in person) the
Meeting may be livestreamed, at the discretion of the Clerk.
Budget and Project Meetings:
Council shall also be responsible for: Budget Meetings, Major Projects and any issue or
items of urgent nature.
9.4
Special Meetings
a)
The Mayor at any time may call a special Meeting of Council that is in addition to
the published Meeting Schedule approved by Council.
b)
A special Council Meeting may also be called by the Clerk once a Resolution to
do so has been adopted by Council or upon receiving a petition from a majority of
Council Members.
The Resolution or petition shall clearly state the purpose, date and time of the
special Meeting. The petition shall be signed, by those Members calling the
special Meeting, and delivered to the Clerk.
The only business to be dealt with at a special Meeting shall be that stated on the
Agenda of the Meeting.
A minimum of forty-eight (48) hours Notice of all special Meetings of Council shall
be given to the Members and the media by the Clerk's Office.
c)
d)
e)
9.5
Emergency Meetings
a)
The Mayor at any time may, in the event of an Emergency or such other time
sensitive or urgent Matter that the Mayor and/or CAO/Clerk deem necessary to
deal with immediately, call an Meeting of Council without giving forty-eight (48)
hours Notice of the Meeting, provided that the Clerk has diligently attempted to
advise all Members immediately upon being advertised of the intention of the
Mayor to hold an Emergency Meeting.
9.5
9.6
9.7
b)
The only business to be dealt with at an Emergency Meeting shall be with
respect to that Emergency.
c)
In the case of an Emergency Meeting, Council may hold its Meeting(s) and keep
its public office at any convenient location within or outside of the Township.
Committees
a)
Every Committee shall have Terms of Reference approved by Council.
b)
The Terms of Reference shall contain a mandate and purpose, Committee
structure, number of Members required for Quorum, reporting process, staff and
support services, budget (if applicable) and completion date.
c)
The authority of any Committee is limited to making recommendations to Council.
No decision to take any action other than administrative in nature shall be
recognised as emanating from any Committees.
d)
Minutes of Committees shall be included in the Agenda of the Council as
information. Any action items requiring Council approval will be highlighted and
the Clerk/Deputy Clerk will prepare a Motion to present to Council at the next
Meeting.
e)
Community Members shall be appointed by Council.
Agencies, Boards & Commissions
a)
Council shall appoint Members to sit on various Agencies, Boards and
Commissions, including Conservation Authorities and Frontenac Community
Arena Board) for the term of Council at the first regularly scheduled Council
Meeting following the Inaugural Meeting, unless otherwise provided by an Act or
Regulation.
b)
The Members appointed to an Agency, Board or Commission shall provide any
approved Minutes or a verbal Report on the Board or Commission for any
Meetings held.
Closed Session ("In Camera")
9.7.1
General
a)
Except as provided in this By-Law and the Act, all Meetings of Council and
Committee Meetings shall be open to the public.
b)
No person shall be excluded from a Meeting except for:
i)
Improper conduct determined by the Mayor/Chair or;
ii)
Where a Meeting or portion of a Meeting is closed to all persons other
than the Members of that body and those identified to remain.
c)
The Clerk or designate shall remain in the room of all closed sessions and shall
record those staff as requested to remain. Participation of closed sessions shall
be either in person only or only electronic; hybrid in person/Electronic
Participation is prohibited.
d)
A Meeting shall not be closed to the public during the taking of a vote except
where the vote is for a procedural Matter or giving directions or instructions to
officers, employees or agents of the Township or persons retaining by or under
contract with the Township.
e)
Confidential discussion during a closed session shall be limited to the issue
declared and nothing in this By-Law confers the power of any Member or
Members of Council to make any decision or take any action unless, or until such
action is presented and decided upon at a duly called and constituted open
Meeting of Council.
f)
No Member, Staff or other person present shall in any way, notify, distribute or
make available to any person or other body, by any means, any reports or items,
or disclose the nature or content of any documents or of discussions regarding
any Matters that are Confidential without approval of such release by Council.
g)
Upon returning to open session, the Chair shall rise and report the following:
i)
statement resulting from the closed session;
ii)
declarations of Pecuniary Interest during the closed session.
h)
The Clerk or designate shall be responsible to secure and maintain a
Confidential record of all original documentation distributed or presented, relating
to closed sessions.
i)
Whenever possible, Confidential documents will be provided in a secure manner
to Council Members prior to the Meeting.
j)
Copies of any Confidential documents circulated during the Meeting shall be
returned to the Clerk at the end of the closed session and destroyed.
k)
Where practical closed sessions will be scheduled at the end of the Meeting.
I)
All Members and Staff have an obligation to treat identified documents in
confidence and not to use them to the detriment of the Township.
m)
The obligation to keep information Confidential shall continue after the Member
ceases to be a Member of Council or Staff ceases to be employed by the
Township.
9.7.2
Closed Session Council and Committee Meetings
A Meeting or part of a Meeting of Council or a Committee may be closed to the public if
the subject Matter being considered is within the exceptions listed in S.239(2)(3) or (3.1)
of the Act:
a)
The security of property of the Municipality or Local Board
b)
personal Matters about an identifiable individual(s)including municipal or Local
Board employee(s)
c)
a proposed or pending acquisition or disposition of land by the Municipality or
Local Board
d)
labour relations or employee negotiations
e)
litigation or potential litigation, including Matters before an administrative tribunal
affecting the Municipality or Local Board
f)
advice that is subject to solicitor/client privilege, including communications
necessary for that purpose
g)
A Matter in respect of which a Council, board or Committee of Council has
authorized a Meeting to be closed under another Act
h)
Information explicitly supplied in confidence to the municipality or Local Board by
Canada, a province or territory or a Crown agency of any of them
j)
a trade secret or scientific, technical, commercial, financial or labour relations
information, supplied in confidence to the municipality or Local Board, which, if
disclosed, could reasonably be expected to prejudice significantly the competitive
position or interfere significantly with the contractual or other negotiations of a
person, group of persons, or organization;
k)
a trade secret or scientific, technical, commercial or financial information that
belongs to the municipality or Local Board and has monetary value or potential
monetary value; or
I)
a position, plan, procedure, criteria or instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the municipality or
Local Board.
m)
the Meeting is held for the purpose of educating or training of Members and at
the Meeting, no Member discusses or otherwise deals with any Matter in a way
that materially advances the business or decision-making of Council or Local
Board.
9.7.3
Meeting shall be closed to the public if the subject Matter being considered is:
a)
A request under the Municipal Freedom of Information and Protection of Privacy
Act, if the Council is the head of an institution for the purposes of the Act.
b)
An ongoing investigation respecting the Municipality by the Ombudsman
appointed under the Ombudsman Act.
9.7.4 Prior to holding a Meeting or part of a Meeting that is to be closed to the public,
Council or a Committee shall state by Resolution the fact that a Closed Session
is being held, quoting the section of the Municipal Act authorizing the Closed
Session and the general nature of the Matter to be considered, providing as
much information as possible, without compromising the confidentiality of the
Matter.
9.7.5
A Meeting or part of a Meeting of Council or a Committee may be closed to the
public and a vote may be taken in a Closed Session only if it pertains to a
procedural Matter or for giving directions or instructions, to the Clerk or
designate.
9.7.6
Where, in accordance with Section 239(6) of the Municipal Act, a vote is held for
a "procedural Matter or for giving directions or instructions to Officers, Employees
or agents of the Municipality, Local Board or Committee of either of them or
persons retained by or under contract with the Municipality or Local Board", the
appropriate employee may record and retain the direction for their use if
necessary.
9.7. 7
Sessions which are closed to the public shall be referred to as "Closed"
Sessions. All information, including but not limited to Agendas and Minutes
received, reviewed or taken in a Closed Session are Confidential and once the
final decision is made all Confidential copies shall be returned to the Clerk or
deleted if electronic.
9.7.8
It is recognized that Members and Employees may do basic calculations on
paper in the course of a Closed Meeting. Any such calculations shall be collected
by the Clerk and destroyed prior to the closing of the Meeting. Any recordings
outside of basic calculations shall not be permitted, with the exception of the
Clerk or designates Confidential notes. Anyone exceeding these limits may be
disciplined for improper conduct at a Meeting. Repeated offences may be dealt
with under the Members Code of Conduct section of this Policy.
9.7.9 The response of Members to inquiries about any Matter dealt with by Council or
a Committee of Council at a Closed Session, prior to it being reported publicly,
shall be "no comment", or words to that effect. No Member shall release or make
public any information provided for or considered at a Closed Session or discuss
the content of such a Meeting with any other persons other than an individual
Member may obtain clarification from the Clerk or designate.
9.7.1 O On return to Open Session under the Rise and Report" Section on the Agenda,
11
the Presiding Officer shall provide an overview of the general nature of the
Closed Session, with as much information as possible, without compromising the
confidentiality of the Matter.
9.7.11 The release of any information about any Matters dealt with at a Closed Session
shall be by the Presiding Officer only during the Rise and Report section of the
Agenda. Once the Presiding Officer has reported on the general nature of the
Closed Session Agenda, this information only shall be considered to be public
information and a Member may discuss only the information as reported by the
Presiding Officer in Open Session without being considered to be in violation of
this Policy.
9.7.12 Members shall receive a Confidential copy of each draft Closed Session Minutes
in the electronic Closed Agenda package prior to the Meeting. All Closed Agenda
packages shall be provided electronically by the Clerk or designate to Members
only and shall be password protected. The Clerk Administrator or CAO may
share appropriate Closed information and/or Resolutions with Managers at the
Clerk Administrator or CAO's discretion.
9.7.13 Approval of the Closed Session Minutes shall be considered by Council or the
Committee at the next Closed Session by Closed Resolution or Motion of a
Committee.
9.7.14 The obligation to keep information Confidential applies even if the Member
ceases to be a Member of Council/Committee.
9. 7 .15 Confidential Reports
9.8
a)
Staff reports that are "Confidential" will be copied onto coloured paper and
marked "CONFIDENTIAL" or transmitted through the secure Agenda
management portal.
b)
The Clerk shall insure that any material relating to any Matter, for which a
Meeting may involve a "closed session" under the Act is circulated as
Confidential material pending Council's approval of release to the public.
Public Information Sessions/Centres
a)
Public Meetings shall be scheduled as prescribed for the purpose of Meeting the
requirements of an Act, Regulation or By-Law.
b)
A Public Information Session/Centre shall be called by the Clerk once a
Resolution to do so has been adopted by Council or upon receiving a petition
from a majority of Council Members. The petition shall clearly state the purpose,
datel and time of the Meeting, and the person who will act as Chair of the
session.
9.9
9.10
9.11
Public Meetings (Statutory)
a)
Public Meetings shall be scheduled as prescribed for the purpose of Meeting the
requirements of an Act, Regulation or By-Law.
b)
A Public Meeting shall be called by the Clerk as required under an Act or
Regulation.
c)
The Notice shall clearly state the purpose, date, time and location of the Meeting,
and the person who will act as Chair of the session.
d)
An Agenda shall be prepared, and Minutes taken of the Proceedings.
Notice of Meetings
a)
The Clerk or designate shall give Notice of each Meeting to the Members,
Department Heads, media and the public.
b)
The Meeting Agenda shall constitute Notice of each Meeting to the Members,
Department Heads, media and the public.
c)
Council Agendas for regular Council Meetings shall be made available by end of
day on the Friday prior to the Meeting. These Agendas, with related documents
will also be posted to the municipal website by the end of the same day.
d)
Refer to Subsection 9.4 and 9.5 for Special and Emergency Meetings.
e)
Committee Meetings may be cancelled in consultation with the Mayor! Chair!
Chief Administrative Officer and Clerk if insufficient business will be before the
Committee. Notice of cancellation should be provided as soon as possible.
f)
If inclement weather is forecasted or a like occurrence or an Emergency situation
will prevent attendance at a Meeting, the Mayor may direct the Clerk to postpone
that Meeting by contacting as many Members as possible or change to a virtual
Meeting subject to 9.2 as an alternative to a postponement.
Election Year
In the year of a municipal election, after the election an orientation shall be held for all
Members of Council.
9.12
Joint Council Meetings
Each Council shall consider an independent Motion at or following the Joint Meeting
regarding any recommendation made during the Joint Council Meeting which may be
adopted by a Majority of Council.
10.
ORDER OF BUSINESS AND GENERAL RULES
10.1
Agenda Formats
a)
Council Agenda (6:00 p.m. - normal start time)
1.
Call to Order
2.
Land Acknowledgement
3.
O Canada
Approval of Agenda
4.
Disclosure of Pecuniary Interest and General Nature thereof
5.
Approval of Minutes (from previous Meeting(s))
6.
7.
Mayors Remarks
Delegations/Presentations
8.
9.
Public Meetings
Consent Agenda
10.
Deferred Items (from previous Meeting(s))
11.
Staff Reports/Departmental Updates
12.
Public Works and Waste Management (1 st meeting of the Month)
•
Fire and Emergency Services (2 nd Meeting of the Month)
•
Planning and Building Services (1 st Meeting of the Month)
•
Corporate and Financial Support Services (2 nd Meeting of Month)
•
Administration (2nd Meeting of the Month)
•
Committee/Other Reports/ Minutes (Committees of Council, County,
13.
Conservation Authorities, etc.)
14.
Communications/Correspondence
15.
Bylaws/Agreements
Notice of Motion
16.
Giving Notice of Motion
17.
18.
New/Other Business
19.
Closed Session
20.
Adjournment (no later than 9:00 p.m. unless extended by Resolution)
b)
Inaugural Meeting Agenda
1.
Agenda Item:
Call to Order
2.
Roll Call
3.
Land Acknowledgment
4.
5.
0 Canada
Oath/Declaration of
Office
Assume Chain of Office
Oath/Declaration of
office
Councillor Remarks
6.
7.
8.
9.
10.
Mayor's Remarks
Appointment of Deputy
Mayor
11.
Oath/Declaration for
Deputy Mayor
Appointment of Council
Appointee to County
Council
12.
13.
Appointment to
Agencies, Boards &
Committees
14.
Adjournment
Rules:
The first Meeting of Council in
the year of a municipal election
shall be held on a date set by the
Clerk which is within 31 days of
the start of the term of Council or
as otherwise set out in the
Municipal Act
The Clerk Shall ensure that a
majority of the Members are
present
Clerk reads approved land
acknowledgement.
Clerk plays O Canada
Clerk administers oath to Mayor
Conducted bv:
Clerk
Mayor assumes Chain of Office
Clerk administers oath to all
Members of Council
Each Councillor in reverse order
of Ward may give opening
remarks
Clerk
Clerk
Clerk
Clerk
Clerk
Clerk
Mayor
Mavor
The Mayor shall act as Presiding Mayor
Officer for the purpose of the
appointment process for Deputy
Mayor. All Councillors are eligible
to seek this position.
Appointment process in Section
7.3 shall be used
Clerk
The Mayor shall act as Presiding
Officer for the purpose of the
appointment of County
Councillor. All Councillors are
eligible to seek this position.
Appointment process in Section
7.3 shall be used
The Mayor shall act as Presiding
Officer for these appointments.
All Councillors are eligible to
seek this position. Appointment
process in Section 7.3 shall be
used
By-Law to be considered to
adjourn until the next regular
scheduled Council Meetina
Mayor
Mayor
Mayor/Clerk
c)
Special and Emergency Meeting Agenda
The Clerk or designate shall have prepared for the use of the Members at special
and Emergency Meetings, an Agenda as follows:
1.
2.
3.
4.
d)
Committee Meeting Agenda
The Clerk or designate shall have prepared for the use of the Members at
Steering, Ad-Hoc Committee Meetings, an Agenda as follows:
1.
2.
3.
4.
3.
4.
5.
6.
10.2
Call to Order
Disclosure of Pecuniary Interest and General Nature thereof
Business
Adjournment
Call to Order
Approval of Agenda
Disclosure of Pecuniary Interest and General Nature thereof
Approval of Minutes
Business
New/Other Business
Next Meeting
Adjournment
General Rules
a)
The business of each Meeting shall be taken up in the order which it stands on
the Agenda unless, by a Majority Vote, the Members decide otherwise.
b)
The Clerk shall determine the appropriate Meeting at which time items of
business shall be considered in accordance with this By-Law.
c)
Where further information or reports are necessary for Council to review an item
of business, the Clerk or CAO may postpone the placement of an item on the
Agenda.
d)
Where employees of the Township have been directed by Council to carry out a
specific action and it is determined subsequently that the action cannot be
carried out in accordance with Council's directions, Council will be notified as
soon as possible of these findings and further direction shall be requested of
Council.
e)
The Chief Administrative Officer/Clerk shall attend Council Meetings (both open
and closed session) with the right, as given by the Chair, to speak but not vote.
f)
Department Heads will attend Council Meetings as scheduled by the Chief
Administrative Officer/Clerk.
10.3
10.4
Declaration of Pecuniary Interest
a)
A Member, whether in attendance or not, shall declare a direct or indirect
Pecuniary Interest in accordance with the Municipal Conflict of Interest Act,
R.S.O. 1990, c. M.50, as amended.
b)
A Member shall declare a direct or indirect Pecuniary Interest by stating the
Agenda item to which his or her interest applies and state the general nature of
the interest. The Clerk will record in the Minutes the declaration.
c)
If the declared Pecuniary Interest is with respect to an item on a closed session
Agenda, in addition to complying with the requirements of this section, the
Member shall forthwith leave the closed session, or that part of the closed
session during which the Matter is under consideration. The Chair in their Rise
and Report shall state the declaration of Pecuniary Interest disclosed during the
closed session.
d)
Where the interest of a Member has not been disclosed as required by this
section by reason of the Member's absence from the Meeting, the Member shall
disclose the interest at the first subsequent Meeting thereafter.
e)
A Council Member shall not ask another Member of Council, Staff, or Township
solicitor(s) whether that Member should declare a Pecuniary Interest.
f)
Notwithstanding this section a Member of Council, Township Staff, or the
Township Solicitor shall not offer an opinion to any Member of Council with
regards to a potential conflict of interest.
g)
A Member that requires a legal opinion regarding Pecuniary Interest shall contact
the Integrity Commissioner or obtain independent legal counsel at their own
expense.
Delegations and Presentations
a)
Persons who wish to appear as Delegations must make a request to the Clerk or
Deputy Clerk outlining the purpose of their Delegation to appear before Council
or a Committee, at least six (6) days in advance of the Meeting.
b)
Delegations with time sensitive issues and who have not submitted a request
within the specified time may be heard by Council or a Committee if approved by
the Chair of the Meeting.
c)
Delegations _are to be limited to ten (10) Minutes followed by a question period for
Committee or Council Members.
d)
The number of Delegations per Agenda shall be limited to three (3).
10.5
e)
The role of Delegations is to provide information and not enter into Debate with
Council or Committee Members, or Staff.
f)
Verbal reports will be accepted; however, written and electronic reports are
preferred and shall be retained by the Clerk as an official record. Written and
electronic reports must be submitted in accessible format by 9:00 am on the
Friday before the Tuesday's Meeting in order to be included in the Agenda
package. If the material provided is not in accessible format the deadline for
submission shall be 9:00 a.m. the Wednesday before the Meeting, otherwise the
Township may refuse to include the report in the Agenda.
g)
Delegations that have previously appeared before Council or Committee on the
same subject Matter shall be limited to providing new information only in their
subsequent appearances.
h)
Delegations consisting of more than one person shall be limited to two speakers,
being limited to not more than five Minutes each. The second speaker shall not
repeat information provided by the previous speaker from that Delegation and will
be confined by the Chair to presenting new and/or additional information.
i)
Questions directed to staff by any delegate shall be received through the Chair.
j)
Delegations requesting to appear at a Meeting may be declined if they have
failed to follow established By-Laws, policy, procedure or protocol or as
prescribed in an applicable governing statute or regulation.
k)
The CAO/Clerk may decline a Delegation if the Matter can be resolved in a
satisfactory manner by Staff.
Communications (Correspondence)
a)
Communications that are addressed to Council shall be listed and provided as
attachments to the Council package. If the correspondence is not in accessible
format, the Clerk may circulate the correspondence outside of the Agenda
package.
b)
A Member of Council may bring forward any communication item in the package
for discussion and/or action at the Council Meeting.
c)
Communications that are not legible or that contain any defamatory allegations,
or impertinent or improper Matter, will not be circulated to Council. Every
communication shall be signed by at least one person giving their name and
mailing address, subject to any privacy restrictions set out in the Municipal
Freedom of Information and Protection of Privacy Act (MFIPPA)
Communications delivered by electronic mail shall contain the electronic mail
address of the sender as well as a name and mailing address and have attached
to it only those documents which are in a printable format. subject to any privacy
d)
restrictions set out in the Municipal Freedom of Information and Protection of
Privacy Act (MFIPPA)
e)
10.6
Correspondence delivered by facsimile transmission shall contain the facsimile
number as well as the name and mailing address of the sender, subject to any
privacy restrictions set out in the Municipal Freedom of Information and
Protection of Privacy Act (MFIPPA)
Reports
Staff Reports to Committee or Council
10.7
10.8
a)
Staff Reports shall be in the template as established by the Clerk from time to
time.
b)
Staff shall not read the report at the Meeting, but instead provide a brief summary
of the report as well as speak directly to the recommendations.
c)
Reports are due to the Clerk or designate for approval by 4:30 pm. on the
Wednesday prior to the Meeting, or at least two business days prior to any
special or other Meeting not held on Tuesday
d)
If the report deadlines are not met, the report will be placed on the next Agenda
at the discretion of the Clerk.
New/Other Business
a)
New Business shall not be considered unless it is an Emergency, time sensitive,
congratulatory or condolence nature.
b)
Other Business shall not be considered unless it is of an urgent nature or time
sensitive and should otherwise be referred to the next Meeting of the Council or
the appropriate Committee.
Deferred Items
Items on an Agenda which have not been dealt with shall be given a deadline for return
to the Agenda, and placed on that Agenda under Deferred items, for consideration or
further deferral.
10.9
Lame Duck Council
a)
In an election year, if a Council is subject to Restrictive Acts pursuant to S. 275 of
the Act, Council cannot:
c)
Appoint or remove any officer of the Township;
d)
Hire or dismiss any employee of the Township that reports directly to Council and
is an officer of the Township;
e)
Dispose of any real or personal property of the Township which had a value
exceeding $50,000 when it was acquired by the Council before nomination day in
the year of the election:
f)
Make any expenditure or incur any other liability which exceeds $50,000 if not
included in most recent budget adopted by the Council before nomination day in
the year of the election.
g)
Prior to entering a potential lame duck period Council may pass a By-Law to
delegate responsibilities to the Clerk Administrator or CAO as may be required to
address Council's limitations.
11.0
COMMENCEMENT AND ADJOURNMENT OF MEETINGS
11.1
Quorum
a)
If no Quorum is present ten (10) Minutes after the time appointed for a Meeting of
Council or Committee, the Clerk shall record the names of the Members present
and the Meeting shall stand adjourned until the date of the next Meeting; regular,
special or Emergency.
b)
When Quorum is lost as a result of declaration of Pecuniary Interest by one or
more Members the remaining Members shall be deemed to constitute Quorum,
provided the number is not fewer than two below Quorum.
c)
The Chair shall call the Meeting to order as soon as the hour fixed for the holding
of the Meeting that a Quorum is present.
d)
If the Chair is not available at the time appointed for a Meeting of Council, the
Deputy Mayor will conduct the Meeting until the arrival of the Mayor.
e)
If the Chair is not available at the time appointed for a Meeting of a Committee,
the Committee shall appoint an Acting Chair to conduct the Meeting until the
arrival of the Committee Chair.
f)
Council Members shall notify the Clerk when intending to be absent from a
Council, Special, Emergency, or Committee Meeting for the purpose of ensuring
a Quorum. When a Council Member must attend a Meeting virtually, Notice shall
be provided at least 4 hours in advance of the Meeting to the Clerk, when
possible.
g)
11.2
When a Quorum is lost, no further action shall be taken. However, if a Quorum is
regained within 10 Minutes the Meeting shall proceed.
Recess
A request to Recess may be approved by a majority of Council/Committee Members
through a show of hands. A time shall be set (e.g. 5 Minutes) or until called to order by
the Chair"
11
11.3
Adjournment
All Council Meetings shall adjourn no later than 3 hours after the Meeting start time,
unless a Motion to proceed beyond this time is approved by Resolution.
12.0
MOTIONS
12.1
Process
a)
Where Members of the public are to be heard on a Matter, no Motion shall be
received until they have been heard, and no further public participation shall be
allowed at that Meeting after the Motion has been duly moved and seconded.
b}
For Council Meetings, a Motion shall be formally seconded before the Chair can
put the question or a Motion can be recorded in the Minutes.
c)
A Motion for Council consideration shall be made in writing and shall contain the
signatures of the mover and seconder.
d)
For Committee Meetings a Motion needs only to be moved (no seconder
required) before the Chair can call for a vote and have the Motion and vote
recorded in the Minutes.
e)
A Motion for a Committee Meeting shall not need to be in writing.
f)
Every Member present is entitled to vote on every Motion unless the Member has
declared a Pecuniary Interest.
g)
Every Member present, except the Chair, shall be deemed to vote against the
Motion if they decline or abstain from voting, unless disqualified from voting by
reason of a declared Pecuniary Interest.
h)
The Chair may vote on all Motions but not need to declare their intention to vote.
i)
After a Motion has been duly moved, seconded (as required for Motions at
Council), and read, it shall immediately be open to Debate.
j)
Any Member may request that a Motion under Debate be repeated by the Clerk
or Chair for the benefit of clarification but in doing so not to interrupt a speaker.
k)
A Motion to Amend proposes a formal change to the pending main Motion. The
purpose of an Amendment is to make the main Motion more acceptable to
Members and shall not introduce a new subject. Any Member may recommend
an Amendment to a main Motion. An Amendment shall be written on the main
Motion by the Clerk. This Amendment requires the initials of the Mover and
Seconder of the main Motion prior to the Clerk reading the Amended Motion for
consideration and discussion.
12.2
I)
When the Motion under consideration contains distinct recommendations, a
Member may request that the vote be taken separately on each proposal.
(Motion to divide.)
m)
The Chair shall call the vote immediately after all Members desiring to speak to
the Motion have spoken.
n)
Upon the Chair calling for a vote, no further speakers shall be permitted.
o)
The manner of determining the vote on a Motion shall be by show of hands,
unless the Member is participating electronically, there must be valid verbal
confirmation from the Member.
p)
No vote shall be taken at any Meeting by any method of secret voting, except
permitted or required by law.
q)
The Chair shall announce the result of every vote.
r)
A Motion on which the voting results in a tie shall be considered lost.
s)
If a Member disagrees with the announcement of the result of any vote, the
Member may object immediately to the announcement and require that the vote
be retaken.
Notice of Motion;
11
a)
A Member of Council may submit a written Motion" to the Clerk to be added to
the Agenda of a regularly scheduled Council Meeting under "Giving Notice of
Motion". Such Motions shall be received by 4:30 p.m. the Wednesday prior to the
scheduled Meeting. The submitted Motion will be introduced at the Meeting with
no discussion.
b)
The Motion will then be placed on the next regularly scheduled Council Agenda
under "Motions to Which Notice has been given". The mover may after giving
Notice of Motion submit a report in support of the Motion which will also be
placed as information in the Council package. This report must be submitted to
the Clerk in the same manner as set out in in 10.6 "Staff Reports to Committees
or Council''
c)
12.3
12.4
If the Motion does not get seconded, the Motion dies and there is no discussion
and no vote.
Reconsideration of a Motion
a)
A Motion for Reconsideration on a Matter is not in order when the Resolution has
been implemented, resulting in legally binding commitments that are in place on
the date on which the Motion to reconsider is to be Debated.
b)
The purpose of a Motion for Reconsideration is to allow for fresh Debate of a
Resolution previously adopted by Council, where new information about a
decided Matter has been introduced.
c)
A Motion for Reconsideration applies only to a Matter previously decided by the
current Council. A new Council may review any Matter decided by a previous
Council, provided the contractual agreements or obligations have not been
completed.
d)
A Motion for Reconsideration may only be introduced by a Member serving a
Notice of Motion. The Mover of the Motion to reconsider may provide a concise
statement outlining the reasons for proposing the Amendment, however no
Debate on the Matter to be reconsidered shall occur.
e)
A Motion to Reconsider a Matter may be brought forward only once in a twelve
month period from the date the Matter was first decided, unless new information
is brought forward that might have reasonably affected the Debate or the
decision.
f)
If a Motion to Reconsider carries, reconsideration of the decided Matter will be
considered at a subsequent Meeting of Council. Debate on the Matter being
reconsidered proceeds as though it had never been previously considered.
g)
Any Matter decided on by Council, may be reconsidered at the same Meeting by
a Majority \Vote of the Council through a Notice of Motion.
h)
When a Motion to reconsider is introduced, no discussion of the original Motion
shall be allowed unless the Motion for reconsideration is approved by at least
two-thirds of the Council Members present.
Recorded Votes
a)
Recorded Votes shall only be permitted at Council Meetings.
b)
A Recorded Vote shall be taken when called for by any Member or if required by
law.
c)
A Member may call for a Recorded Vote immediately prior to, or immediately
after the taking of the vote.
d)
All Members present including the Mayor, shall be required to vote when a
Recorded Vote is called for, except when a Member is disqualified by a declared
Pecuniary Interest.
When a Recorded Vote is permitted and required, the Chair will pose the
question and the Clerk will record those Members in favour or in opposition to the
question and the Clerk shall record the name of each Member's vote. The Clerk
will also record the number of Members absent and/or abstained.
e)
12.5
f)
On a Recorded Vote, failure to vote by a Member who is present at the Meeting
at the time of the vote and who is qualified to vote shall be deemed a negative
vote.
g)
When a Recorded Vote is taken, the names of those who voted for and those
who voted against the Motion and those absent shall be entered in the Council
Minutes.
h)
The Clerk shall tabulate the vote and the Chair shall announce the results.
Point of Privilege
a)
A Member may raise a Point of Privilege directing attention to a Matter that
affects the rights of the Member or Members.
b)
A Point of Privilege shall take precedence over any other Matter except during
verification of a vote.
c)
A Member shall state the Point of Privilege to the Chair at the time of occurrence.
d)
A Member shall not be permitted to enter into any argument or introduce any
Motion not related to the Point of Privilege.
e)
The Chair shall decide upon the Point of Privilege and advise the Members of the
decision
f)
Unless a Member immediately appeals the Chair's decision, the decision of the
Chair shall be final.
12.6
g)
If the decision of the Chair is appealed, the question "Shall the ruling of the Chair
be upheld?' a vote shall be called without Debate, and its results shall be final. A
Recorded Vote shall not be permitted.
h)
When the Matter has been determined to be a Point of Privilege, the Member
shall be afforded an opportunity to propose a Motion in relation to that Point of
Privilege.
i)
When the integrity of the CAO or other employee of the Township has been
questioned, the CAO shall be permitted to make a statement to the Members.
Point of Order
a)
A Member may raise a Point of Order to a perceived violation of the Rules of
Order, except during verification of a vote.
b)
A Member shall state the Point of Order to the Chair at the time of the occurrence
and shall quote the appropriated section of the By-Law.
c)
The Chair shall decide upon the Point of Order and advise the Members of the
decision.
d)
Unless a Member immediately appeals the Chair's decision, the decision of the
Chair shall be final.
e)
If the decision of the Chair is appealed, the question "Shall the ruling of the Chair
be upheld?" a vote shall be called without Debate, and its results shall be final. A
Recorded Vote shall not be permitted.
13.0
BY- LAWS
13.1
By-Laws Approval Process
a)
Every By-Law shall be listed on the Agenda by an identifying number, followed
by a brief description of the intent of the By-Law.
b)
Upon accepting a Motion to approve a By-Law listed on the Agenda, the Chair
shall announce first, second and third reading of the By-Law, pausing at third
reading to determine if there are any questions or discussion by the Members,
before putting final approval of the By-Laws to a vote.
c)
After second reading, every By-Law may be Debated, subject to Amendment,
and may be deferred or referred to a Committee or staff for further consideration.
d)
Upon a two-thirds vote of the Members present, third reading of any By-Law may
be postponed until the next Meeting.
e)
The Clerk shall be authorized to make minor corrections to any By-Law resulting
from technical, or typographical errors prior to the By-Law being signed.
f)
Every By-Law passed by Council shall be
i)
ii)
iii)
iv)
13.2
By-Law versus Resolution
a)
b)
13.3
signed by the Mayor or Presiding Officer
sealed with the seal of the Township
the date of all readings and
shall be bound in a volume for the year in which it was passed.
A Resolution is a less permanent rule and shall express the decision of a Council
in respect of a temporary or distinct Matter. A Resolution shall be passed to give
direction to staff. A Resolution shall not prescribe a permanent rule of local
government. A Resolution expresses the will of the governing body on a special
occasion which is not likely to recur. A Resolution shall not replace a by-law
required by law.
A By-Law shall be used, but not limited to, implement policy, memorandums of
understanding, agreements and permanent rules. Whether an authorizing By
law is required depends on the subject Matter of the item of business transacted
by the Township and whether it is being transacted under the Act.
Confirming By-Law
The Proceedings at every regular and special Meeting of Council shall be confirmed by
By-Law, so that every decision, unless required by an Act, Regulation or By-Law, of
Council at that Meeting and every Resolution passed thereat shall have the same force
and effect as if each and every one of them had been the subject Matter of a separate
by-law duly enacted.
14.0
POLICY REVIEW
a)
This Policy may be amended from time to time as deemed necessary, but only
by Council adopting an Amending By-law. No Amendment or repeal of this Policy
or any part thereof shall be considered at any Meeting of Council unless Notice of
proposed Amendment or repeal is given at a previous Regular Meeting of
Council and the waiving of the Notice is prohibited. Notwithstanding the above,
in the case of an Emergency a proposed Amendment to the Procedural By-Law
may be considered without having received Notice at the last Regular Council
Meeting.
Notwithstanding the above a Motion for temporary suspension of the rules may
be introduced without Notice.
b)
This Procedural Policy will be included as part of an Orientation Workshop for
each new term of Council. In addition, Members are expected to review this
Policy themselves on a regular basis to assure compliance.
c)
This By-Law shall be reviewed once every term of Council.
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